Court : Gujarat
Decided on : Jun-25-1969
Reported in : (1970)GLR457
Bhagwati, C.J.1. These appeals raise questions of considerable importance and complexity having impact alike in the filed of administrative law as in the field of civil law. They arise out of proceedings in the winding up of a company called Rajratna Naranbhai Mills Ltd. (hereinafter referred to as 'the company'). The Company owned a textile mill in Petlad, a town situate in Kaira District, and by an order made by a single judge of this court on 26th June, 1967, the company was ordered to be wound up by the court one the ground that it was unable to pay its debts . On the making of the winding up order, the official liquidator attached to this court took charge of the assets of the company and commenced the winding up proceedings. The official liquidator, after obtaining the sanction of the company judge, disposed of some of the stocks and stores of the company which were likely to deteriorate in value with the the passage of time but he was obstructed in giving delivery of the goods b...
Tag this Judgment!Court : Gujarat
Decided on : Apr-01-1969
Reported in : (1970)11GLR628; (1970)IILLJ716Guj
Bhagwati, C.J.1. Ordinarily in the field of industrial law disputes which come to this Court are industrial disputes between an employer on the one hand and an employee or union of employees on the other, but this case is rather unusual in that it brings to the Court a dispute between two unions of employees. The petitioner union registered under the provisions of the Indian Trade Unions Act, 1926, and prior to the order of the Registrar dated 26th December 1968, which is impugned in this petition, it was registered as a representative union for the following industry, namely, generation and/or supply and/or transmission of electrical energy (hereinafter referred to as the electrical industry) in the local area of Ahmedabad City Municipal Borough, Ahmedabad Cantonment and the village of Sabarmati (hereinafter referred to as the local area of Ahmedabad) under S. 14 of the Bombay Industrial Relations Act, 1946. The first respondent union is also a trade union registered under the provisi...
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1969
Reported in : AIR1971Guj131; (1970)GLR897
Bhagwati, C.J.1. These petitions challenge the constitutional validity of certain provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The petitions divide themselves in two groups: one group consisting of Special Civil Applications Nos. 977/68, 1533/68 and 630/69 relates to lands situate in three villages, namely, Rampur, Dhori and Saroda and the other group consisting of Special Civil Applications Nos. 218/69 and 220 to 222 of 1969 relates to lands situate in village Sarendi. The facts giving rise to the two groups of petitions are a little different though most of the questions of law are common and it is, therefore, necessary to state the facts separately in relation to each group. But before we do so, we may point out one common feature in all the petitions, namely, that in each of these villages, at one time or the other, the scheme of consolidation of holdings was prepared by the Consolidation Officer and confirmed by the Settlement Commi...
Tag this Judgment!Court : Gujarat
Decided on : Sep-06-1969
Reported in : (1970)11GLR307
S.H. Sheth, J.1. This Letters Patent Appeal is directed against the order of summary dismissal made by our learned brother J.M. Sheth J. on 16th April 1969, in Special Civil Application No. 658 of 1969. The facts of the case, briefly stated are as follows:2. The petitioner is the owner of a village site land situate in village Bhagal (Jagona), Palanpur Taluka, Banaskantha District. It was sold to the petitioner at an auction by an Aghat sale. Adjoining this piece of land, there are two other plots of land one of which admeasures 46' x 23' and another admeasures 36' x 20 1/2'.3. On 28th August, 1962, the petitioner made an application to the Mamlatdar of Palanpur requesting him to sell to him these two adjoining plots of land in order to enable him to put up a building construction on them. The Mamlatdar of Palanpur reported the matter to the Prant Officer at Palanpur. On 5th October, 1962, the Prant Officer made an order whereby he directed that the said two adjoining plots of land be ...
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